When a neighbor’s tree crashes into your backyard, taking out a fence or damaging your shed, your first question is probably, “Who’s footing the bill?”

It’s a question that plays out time and again, especially after storms roll through. One consumer, Chad, recently asked consumer investigator Dale Cardwell about this exact scenario:

“Late last year, the neighbor behind my parents' house had three trees fall into their backyard, damaging a fence and a shed. Who's responsible for the cleanup and repair costs?”

The short—and surprising—answer? In most cases, not the neighbor.

 

Georgia’s Fallen Tree Law: What You Need to Know

In Georgia, the law governing tree damage is clear but counterintuitive. Under what’s often called the fallen tree responsibility law, the property owner where the damage occurs is typically the one responsible for cleanup and repairs—even if the tree came from the neighbor’s yard.

Yes, you read that right. If your neighbor’s tree falls into your yard, damaging your property, you’re usually the one who pays for it.

This may feel unfair, but the law treats falling trees much like natural disasters—unexpected and out of the owner's control. Unless there’s clear evidence of negligence, the incident is considered an “act of God,” and each property owner deals with their own cleanup.

 

The Exception: Was the Tree Dead or Dying?

Here’s where things get interesting. If the tree was clearly diseased, dying, or already dead before it fell, and the tree owner knew—or should have known—about its condition, the tree owner may be held liable.

That opens the door to a possible claim, but it requires proof. So what kind of evidence matters?

  • Photos showing visible decay, leaning, or broken limbs
  • Written communication with the neighbor noting concerns
  • Witnesses who can verify the tree’s poor condition

If your parents had noticed the tree was in bad shape and alerted the neighbor—especially in writing—they may be able to request that the neighbor share in the cost of repairs. But without that documentation? Legally, it's an uphill battle.

And even if you have proof, getting a neighbor to voluntarily pay up can be tricky. Emotions run high when property damage and money are involved. These disputes can turn sour fast.

 

Emotions run high when property damage and money are involved, and these disputes can turn sour fast (DALL-E)

 

How to Handle the Situation—and Avoid It

So what should you (or Chad’s parents) do next? If there’s any chance the tree showed signs of decay or instability before falling, it may be worth having a respectful conversation with the neighbor. Show them any photos or documentation. See if they’ll voluntarily split the costs.

But approach this delicately—nobody wants to launch a neighborhood feud over fallen limbs. Legal action should be a last resort.

The bigger takeaway? Prevention is everything.

Take a walk around your yard. Look for:

  • Leaning trees
  • Branches hanging over a fence or roof
  • Signs of disease like fungi, cracks, or hollow trunks

If you see anything suspicious—on your trees or a neighbor’s—document it. Notify your neighbor in writing. And consider hiring a certified arborist to evaluate and trim high-risk trees.

 

Final Thoughts: Tree Trouble Doesn’t Have to Mean Trouble with Neighbors

It’s easy to assume a falling tree is someone else’s problem—but in Georgia, the law rarely works that way.

If a tree falls into your yard, you’re probably the one who pays for cleanup—unless you can prove the tree was already a hazard. That’s why it’s essential to stay vigilant, document concerns, and maintain open communication with your neighbors.

Need a professional eye on your trees? TrustDALE.com features certified arborists backed by the $10,000 Make-It-Right Guarantee—a safety net that provides peace of mind when nature (or neighbors) strike.

 

Curious if your home insurance covers tree damage? That’s another story worth exploring soon.